Public contract - offer

Hereby Lazko Stanislav Valerievich on the basis of the certificate of state registration (hereinafter - the Contractor) on the one hand, offers to conclude a contract with any applicant individual or legal entity (hereinafter - the Customer) on the terms of this public offer.

In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (CC RF) in case of acceptance of the conditions set forth below, the individual or legal entity making acceptance of this offer becomes the Customer (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation acceptance of the offer is equivalent to the conclusion of the contract on the terms set forth in the offer), and the Contractor and the Customer are jointly referred to as Parties to this agreement.

The text of this Contract-Offer is located at: Contract/Offer/Offer/Service Agreement) is located at: mmcflash.eu/offer.

1.Terms and Definitions.

1.1.Public offer is a real document published in the Internet at mmcflash.eu/offer. which is an offer of the Contractor to conclude a contract with the Customer.

1.2.Customer - a natural or legal person, established (registered) and acting on the basis of available registered documents, who has made acceptance of this offer in accordance with the terms contained in Section 3 of this Agreement and unconditionally accepted the terms of this Offer.

1.3 MMCFlash Service is a fully automatic online service for working with ECU files of the car, which is a software with the use of the trademark "MMCFlash", owned by the Executor on the basis of the agreement with the right holder, with the help of which the services described in this Agreement are rendered (hereinafter referred to as the Service).

1.4.Personal account - a section of the website mmcflash.ru, which is a part of the MMCFlash Service, containing detailed information on orders, volume and details of services rendered to the Customer, information on services.

1.5.Registration - filling in the credentials (name, email, password, etc.) in the registration form on the MMCFlash Service. After registration, the Customer's personal account (Personal Account) is automatically created for ordering services and using the services of the MMCFlash Service.

1.6.Payment for the order - payments for the services of the service, the Customer makes directly on the site in rubles, U.S. dollars, or in Euros, depending on the chosen method of payment.

1.7.Payment aggregator (PA)-legal entity engaged by the Bank in accordance with Article 14.1 of the Federal Law No. 161-FZ dated 27.06.2011 "On the National Payment System" and on the basis of the Agreement, recognized as a bank payment agent, to carry out the following operations: ensuring acceptance of the Contractor's electronic means of payment and (or) participation in transfer of funds in favor of the Contractor for transactions with the use of electronic means of payment.

A payment aggregator is a payment acceptance service through which a business can accept payment on a website in a variety of ways.

The Contract may use terms, the definitions of which are not specified above. In this case, the interpretation of such term shall be made in accordance with the text of this Agreement. If there is no unambiguous interpretation of a term in the text of the Contract, the Parties shall be guided by the interpretation of the term, first of all, defined on the website mmcflash.ru.

2.Subject matter of the contract.

2.1.The Customer entrusts, and the Contractor undertakes obligations on rendering services in the Internet on automatic adjustment, firmware for cars.

2.2.The Customer undertakes to pay to the Contractor the cost of services, which are indicated on the pages of the website located at the Internet address: mmcflash.eu/offer.

2.3.Only registered Customers may receive the services provided for in this agreement.

3.Acceptance of the Offer.

3.1.Acceptance of this Offer represents a number of consecutive actions of the Customer aimed at conclusion of the Service Agreement, namely:

3.1.1.Passing Registration in MMCFlash Service;

3.1.2.Making the first transfer of funds under the selected order through the Customer's personal cabinet.

3.2.Acceptance of this Offer means acceptance by the Customer of all terms and conditions of interaction with the Contractor, published at the address mmcflash.ru, and also means familiarization with the conditions of formation and cost of the Contractor's services.

3.3.The person who passed the Registration and made the first transfer of funds to the Executor's settlement account, confirms that he/she is familiarized with the terms of this Offer, fully understands them and accepts it in full.

3.4 All changes (additions) made by the Contractor to this Agreement shall come into force and become binding on the Parties from the date of their posting on the website mmcflash.ru. In case of disagreement with the changes of this Agreement, the Customer has the right to terminate it, in accordance with clause 10.2. of this Agreement.

3.5 By accepting this Offer, the Customer agrees that the Contractor may contact the Customer by e-mail to inform the Customer about the Contractor's services (subscription for information). The Customer has the right to cancel the information subscription without giving a reason and without additional costs by clicking the appropriate button in the information letter mmcflash.ru, by sending a message in response to the relevant information letter by e-mail or by sending a letter to the Contractor's e-mail address specified in the details of the Offer Agreement.

3.6.By accepting this Agreement, the Customer agrees to receive information about the MMCFlash Service via the contact information provided by the Customer during his/her Registration in the MMCFlash Service. Such information notices are agreed by the Parties as necessary to protect the Customer's interests in the MMCFlash Service. The Customer's consent to informing is granted to the Executor indefinitely for the entire period of validity of the Offer Agreement.

4.Rights and obligations of the parties.

4.1.The Contractor undertakes to:

4.1.1.Provide the Customer with access to the MMCFlash Service;

4.1.2.Observe the terms of confidentiality.

4.2.The Contractor shall have the right to:

4.2.1.Temporarily suspend rendering of services to the Customer under the Agreement for technical, technological or other reasons preventing rendering of the Services for the period of elimination of such reasons.

4.3.The Customer undertakes to:

4.3.1.Independently study the text of this Offer posted at: mmcflash.eu/offer.

4.3.2.Pay for the services of the Contractor in accordance with the prices for the services specified in the personal account on the website mmcflash.eu after execution of the service.

4.3.3.Do not share your login and password with third parties. All actions performed in the MMCFlash Service using the Customer's login and password are considered to be performed by the Customer. The Customer is independently liable to third parties for all actions performed using the Customer's login and password. The Executor is not responsible for unauthorized use of the Customer's login data by third parties.

4.3.4.Do not license, sublicense, resell, transfer, decompile, disassemble, alienate, distribute or use the Service in ways not provided for by the Offer, without the prior written consent of the Provider.

4.4.The Customer shall have the right to:

4.4.1.Receive information about your orders.

4.4.2.Terminate this Agreement in accordance with clause 10.2.

5.Settlement Procedures.

5.1 Payment for the services provided to the Customer shall be made on the basis of prepayment (advance payment in 100% amount).

5.2.The Customer shall pay for the Contractor's services by transferring money to the Contractor's settlement account through the Payment Agent when placing an order. The Customer's payment obligations are considered to be fulfilled from the moment of receipt of funds transferred by him on the basis of the invoice generated by the Customer himself or by the Executor's employee on his behalf to the Executor's settlement account.

5.3 All settlements under this Contract shall be made in the currency of the Russian Federation (ruble). All prices are specified without VAT (due to application of the simplified taxation system, Chapter 26.2 of the Tax Code of the Russian Federation).

5.4.The Customer can make a bank card transfer from anywhere in the world.

6.Order of delivery-acceptance of services.

6.1. 6.1.In case of delivery of Goods on the conditions of sampling (self-delivery) is carried out within 3 (three) working days from the moment of crediting the funds to the Contractor's settlement account, in this case, the title to the Goods, as well as the risks of damage and accidental loss of the Goods shall be transferred to the Customer from the moment of placing the Goods at the disposal of the Customer or his representative.

6.2.At delivery of the Goods to the Customer by the transport company, the Contractor shall deliver the Goods to the transport company, within 3 (three) working days from the moment of crediting the money to the settlement account of the Contractor, in this case, the title to the Goods, as well as the risks of damage and accidental loss of the Goods shall be transferred to the Customer from the moment of transferring the Goods to the carrier of the transport company.

6.3.All transportation costs shall be borne by the Customer.

6.4.In the absence of a motivated refusal to accept the rendered services in writing within 3 (three) working days after the end of the term of their rendering, the services shall be recognized as rendered and duly accepted by the Customer in full.

6.5.All disputes and disagreements the Parties will try to resolve through negotiations by e-mail: help@mmcflash.eu.

7.Responsibilities of the parties.

7.1 The Parties shall be liable for non-fulfillment or improper fulfillment of the terms and conditions of this Agreement in accordance with the procedure stipulated by this Agreement and the current legislation of the Russian Federation.

7.2.The Contractor shall not be liable for any losses incurred by the Customer as a result of using the provided services.

7.3 The Contractor is not responsible for the functioning and availability of individual segments of the Internet. The Contractor does not guarantee the possibility of information exchange with those nodes or servers that are temporarily or permanently unavailable through the links posted on the Website.

7.4.The Contractor is not responsible for ensuring the security of the equipment and software used by the Customer to receive the Services.

7.5.The Contractor is not responsible for the actions, services, content and data of third parties.

7.6.The Customer is responsible for the accuracy of the information provided by him during the Registration.

7.7.The Customer is responsible for the safety of his login and password, as well as for losses that may result from their unauthorized use.

7.8 The Customer is fully responsible for the information, inquiries, requests, appeals received from the Customer's e-mail, to which the Customer's Personal Account is registered. The Parties agree and establish that all such appeals and inquiries, information, received from the Customer's e-mail, to which the Customer's Personal Account is registered, shall be recognized as official orders on behalf of the Customer to the Contractor. In case the Customer has reasons to believe that his e-mail, to which the Customer's Personal Account is registered in the Service, has been subjected to hacking, access to it by third parties, the Customer shall immediately inform the Executor about it by sending a notification by e-mail signed by an authorized person and sealed by the Customer in order to take measures necessary for the Customer's data protection. If such notification from the Customer to the Executor is not received, the Executor shall not be liable for the consequences of such non-notification, including actions performed in the Service and (or) to the Executor using this mail.

7.9.Nothing in this Offer shall exclude or limit the liability of the Parties for willful violations of its terms; for fraudulent acts and knowingly false representations and/or warranties; or for misuse of Confidential Information.

8.Representations and warranties.

8.1.The Customer represents and warrants that:

8.1.1.The Customer represents and warrants that: a) Has fully familiarized himself with the terms and conditions of the Offer, b) fully understands the subject matter of the Contract, c) fully understands the meaning and consequences of his/her actions with regard to conclusion and execution of the Contract.

8.1.2.the Customer has provided true data, including personal data when registering as a user of the Service, and true data, including personal data when executing payment documents for payment for the Services.

8.1.3.Has given his consent to the Executor to process, provide to third parties and enter his personal data into the Customer's Personal Account in the MMCFlash Service, as a result of which such data becomes publicly available.

8.1.4.Use of the Service will be carried out in accordance with the terms of the Offer, all norms and requirements of the current Russian legislation (including, but not limited to, advertising, competition protection and intellectual property legislation).

8.2.The Contractor represents and warrants that:

8.2.1.Exclusive rights to the Service belong to the Executor.

8.2.2 The Contractor has all necessary rights and authorizations to provide the Services under the terms of this Offer.

9.Confidentiality.

9.1.The Parties agree to keep the Service Agreement and all information received by one Party from the other Party and designated by the transmitting Party as confidential information of such transmitting Party (hereinafter referred to as "Confidential Information") confidential and not to disclose, divulge, publicize or otherwise make such information available to any third party without the prior written authorization of the Party transmitting this information, except as provided for in the applicable law.

9.2.Each Party will take all steps necessary to protect Confidential Information with the same degree of care as a reasonable person in good faith would take.

9.3.Confidential Information shall at all times remain the property of the Party transmitting such information and shall not be copied or otherwise reproduced without the prior written consent of such transmitting Party.

9.4.In order to prevent possible misuse in determining the scope and content of Confidential Information, the obligation to protect and keep secret the Confidential Information of the disclosing Party shall also apply to information that:

— at the time of disclosure was or became public knowledge;

— becomes known to the Receiving Party from a source other than the disclosing Party without the Receiving Party violating the terms of this Agreement;

— was known to the receiving Party prior to its disclosure under the Treaty.

9.5.The obligation to keep Confidential Information confidential in accordance with the terms of this Section shall become effective upon acceptance of this Offer by the Customer and shall remain in effect for three (3) years after termination of this Agreement-Offer for any reason.

9.6.The Contractor shall have the right to transfer any Confidential Information to third parties without obtaining consent from the Customer in case when such transfer is conditioned by the necessity to protect the rights and legitimate interests of the Contractor, including (but not limited to) in case of transfer of such information to the persons engaged by the Contractor in order to ensure payment of the cost of the rendered Services.

10.Termination of the Offer Agreement.

10.1.In case the Customer violates Section 4.3 of this Service Agreement, the Contractor shall be entitled to unilaterally terminate this Agreement out of court by sending a corresponding notice to the Customer's e-mail address specified in the Customer's Personal Account.

10.2.In case the Customer decides to terminate this Agreement, he shall notify the Contractor by sending an official letter to the Contractor's e-mail. The Contract shall be considered terminated after 7 (seven) days from the date of receipt of the notification by the Contractor.

11.Final Provisions.

11.1.The Contractor hereby agrees that the Client shall be entitled to use the trademark and (or) logo, company name, as well as a link to the Contractor's website for non-commercial purposes on the website mmcflash.ru, for demonstration to potential clients, on the pages of the website mmcflash.eu in any social networks, during speeches at public events, as well as in presentations intended for distribution to third parties, printed promotional materials, articles and publications in mass media and (or) on the Internet, including the specified information.

11.2 This Contract shall be perpetual.

11.3.Applications, letters, files, including those containing the results of services sent using electronic communication (via the Internet, using electronic mail) shall be recognized by the Parties in court as written evidence as defined by the current legislation of the Russian Federation. When presenting them as evidence, it is sufficient to submit a printed electronic message, file, certified by the signature of an authorized person and the seal of the presenting Party.

11.4 The provisions of the current legislation of the Russian Federation shall apply to the relations between the Customer and the Contractor related to the subject of this Agreement and not settled by the terms of this Agreement.

12.Contractor's requisites:

Individual entrepreneur Lazko Stanislav Valerievich

Legal address: 610035, Kirov region, Kirov city district, Kirov city, Chapaeva street, house 53

Postal address: 610035, Kirov region, Kirov city district, Kirov city, Chapaeva street, house 53

INN 434550265640, OGRNIP 320435000018350

Current account 30101810500000000609

KIROV BRANCH N8612 PJSC SBERBANK

Cor account 40802810533180000526

BIK 043304609

e-mail: sales@mmcflash.eu

Date of posting 08/06/2020.